Tenant's Tenancy Terminated Due to Meth Contamination and Arrears
📌 In brief
The Tenancy Tribunal ended the tenant's lease because the rental property was contaminated with methamphetamine and the tenant had significant unpaid rent. The contamination levels were unsafe, and the rent arrears were substantial, leading to the termination of the tenancy.
⚖️ Legal holding
A tenant's tenancy can be terminated if the premises are contaminated by methamphetamine and rent is substantially in arrears.
📖 Technical summary
The tenancy was terminated due to methamphetamine contamination and rent arrears.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenant's tenancy due to methamphetamine contamination and significant rent arrears. The contamination levels exceeded safety standards, and the rent was substantially overdue, leading to the termination of the tenancy.
📚 Full judgment Official document
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[2025] NZTT 5234318
TENANCY TRIBUNAL AT PORIRUA | TE TARAIPIUNARA RETIHANGA KI PORIRUA
APPLICANT: [redacted]
RESPONDENT: [redacted]
TENANCY ADDRESS: [ADDRESS], [POSTCODE]
ORDER (including kitchen 210µg/100cm2 reading)
1. The tenancy of [NAME] at [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY], immediately.
2. The [COMPANY] is to pay the bond of $222.00 (3110039-011) to [COMPANY] immediately.
3. [NAME] must pay [COMPANY] $823.50 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 8 May 2025 Filing fee
$1,018.50 $27.00
Less Bond -$222.00 Total payable by Tenant to Landlord $823.50
Reasons:
1. Only the landlord attended the hearing.
2. The landlord has applied for termination of the tenancy, rent arrears, the filing fee and refund of the bond.
Should the tenancy be terminated?
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3. The landlord has applied for termination on two grounds. The first is that the premises is contaminated by methamphetamine. The second ground is that the rent is substantially in arrears.
Methamphetamine
4. Methamphetamine testing took place at the premises on Friday 4 April 2025. This testing occurred because the landlord became concerned about the tenant’s use of the premises. The analysis of the readings taken on 4 April includes the following:
a. Dining Room 25ug/100cm2
b. Hallway 62µg/100cm2
c. Bathroom 17.4µg/100cm2
d. Bedroom 26µg/100cm2
e. Lounge 36µg/100cm2
f. Kitchen 210µg/100cm2
5. In May 2018, [NAME], then Chief Scientific Advisor to the Prime Minister released a report in which he recommended that a methamphetamine level below 15µg/100cm2 would be unlikely to give rise to adverse health effects. The methamphetamine readings at [ADDRESS], Titahi Bay, show levels that are substantially higher than 15µg/100cm2.
6. In the present cases the testing proves that premises is contaminated by a high level of methamphetamine residue. The premises is unsafe to live in. Based on the evidence available I am satisfied that the contamination has occurred during [NAME]’s tenancy, which began 7 years ago. The tenancy must be terminated.
Rent arrears
7. Regarding termination for rent arrears, the landlord provided rent records which prove the amount owing at the date of the hearing. Rent is $88.00 per week. The arrears are currently $1,018.50. Rent was at least 21 days in arrears on the date the application was filed. The arrears are also grounds for termination of this tenancy. See section 55(1)(a) Residential Tenancies Act 1986.
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[NAME] 07 May 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The landlord's concern about the tenant's use of the premises led to methamphetamine testing.
- Methamphetamine levels in the premises were substantially higher than the recommended safe level of 15µg/100cm2.
- The contamination by methamphetamine occurred during the tenant's 7-year tenancy.
- The tenant was substantially in rent arrears, which is a ground for tenancy termination.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenant's tenancy was terminated due to methamphetamine contamination and significant rent arrears.
What was the dispute about?
The dispute was about whether the tenancy should be terminated due to methamphetamine contamination and rent arrears.
How did the court decide, and why?
The court decided to terminate the tenancy because the contamination levels were unsafe and the rent was substantially in arrears.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 54 was applied.
What was the argument that mattered most?
The argument that mattered most was the presence of unsafe levels of methamphetamine contamination and significant rent arrears.
Was the decision for or against the person who brought the case?
The decision was against the tenant who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure their rental property meets safety standards and that they adhere to their rental agreement to avoid termination of their tenancy.
What evidence or documents mattered?
The evidence included methamphetamine test results showing unsafe levels of contamination and rent records proving significant arrears.